California Penal Code §288(b)(2) — Lewd Acts on Dependent Person by Force
PC §288(b)(2) punishes lewd or lascivious acts committed by a caretaker upon a dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury. Sentence: 5, 8, or 10 years state prison. Lifetime PC §290 sex-offender registration. This subdivision covers dependent persons — not minors under 14 (which is §288(b)(1)).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Lewd Acts on Dependent Person by Force Cases in All LA County Courts
01 — Quick Facts
PC §288(b)(2) — Lewd Acts on Dependent Person by Force at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §288(b)(2) — Lewd Acts on Dependent Person by Force |
| Classification | Felony — Strike (Serious + Violent) |
| Sentence | 5, 8, or 10 years state prison |
| Victim Category | Dependent person — see §288(f)(3) definition |
| Caretaker Requirement | Defendant must be a caretaker as defined in §288(f)(2) |
| Registration | PC §290 — lifetime, Tier 3 |
| Strike | Yes — §1192.7(c)(6) and §667.5(c)(6) |
| 85% Rule | Yes — §2933.1 |
| Free Consultation | (213) 723-2337 — Rubin Law, P.C. |
01 — What Is PC §288(b)(2)?
What Is California Penal Code §288(b)(2)?
PC §288(b)(2) Reads:
"Any person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, when the victim is a dependent person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years."
— California Penal Code §288(b)(2)
§288(b)(2) protects 'dependent persons' — adults whose physical or mental disability restricts their ability to carry out normal activities or protect their rights — from lewd acts committed by caretakers using force, violence, duress, menace, or fear. The dependent-person definition (§288(f)(3)) mirrors elder-abuse statutes and covers institutionalized adults, disabled adults in home care, and other similarly situated victims. The caretaker requirement (§288(f)(2)) narrows the statute to persons who assume responsibility for the dependent person.
§288(b)(1) vs. §288(b)(2) — Minor vs. Dependent Adult
§288(b)(1) targets under-14 minors. §288(b)(2) targets dependent adults with a caretaker requirement. Both share the same 5/8/10-year triad, One-Strike exposure, and lifetime §290 registration. Do not confuse §288(b)(2) with §288(c)(1), which covers 14/15-year-old minors.
Why This Statute Matters
§288(b)(2) is the principal statute for sexual-abuse cases in institutional care settings — skilled nursing facilities, group homes, mental-health facilities. It carries the same 25-to-life or LWOP One-Strike exposure as §288(b)(1) and lifetime Tier-3 §290 registration. The defense fight often centers on the caretaker and dependent-person definitions and on the force/duress element.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §288(b)(2)
The prosecution must prove each element beyond a reasonable doubt.
Lewd Act with Sexual Intent
Defendant committed a lewd touching with intent to arouse or gratify.
Dependent Person
Victim was a dependent person under §288(f)(3) — physical or mental disability restricting normal activities or self-protection.
Caretaker Status
Defendant was a caretaker under §288(f)(2) — assumed responsibility for the dependent person's care.
Force / Duress / Menace / Fear
The act was accomplished by force, violence, duress, menace, or fear.
04 — Penalties
Penalties for PC §288(b)(2) Lewd Acts on Dependent Person by Force in California
§288(b)(2) is a determinate life-exposure sex-crimes felony.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §288(b)(2) — Base | PC §288(b)(2) | 5, 8, or 10 years state prison | No | Yes (S+V) |
| §667.61 One-Strike | PC §667.61 | 15-to-life to 25-to-life or LWOP where circumstances apply | No | Yes |
| §667.71 Habitual Sex Offender | PC §667.71 | 25-to-life | No | Yes |
| §667.9 Vulnerable Victim | PC §667.9 | +1 or +2 years | No | N/A |
Related Enhancements
PC §667.61 — One-Strike
PC §667.61
25-to-life or LWOP where circumstances apply.
PC §667.9 — Vulnerable Victim
PC §667.9
+1 or +2 years for elderly/blind/disabled/under-14 victim.
PC §667.6 — Full Consecutive
PC §667.6
Full-consecutive sentencing on multiple counts.
Collateral Consequences
- PC §290 lifetime Tier-3 registration
- 85% service under §2933.1
- Aggravated felony + CIMT for immigration
- Occupational license revocation (nursing, CNA, LVN, home-care)
- SVP evaluation under Welf. & Inst. Code §6600
- Civil elder-abuse / dependent-adult-abuse exposure
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §288(b)(2) Lewd Acts on Dependent Person by Force Charges
Rubin Law, P.C. defends §288(b)(2) at every element.
Not a Dependent Person
Victim retains capacity for normal activities and self-protection — §288(b)(2) fails.
Victim Status
Not a Caretaker
Defendant did not assume caretaking responsibility as defined in §288(f)(2).
Caretaker
No Force or Duress
Reduce to §288(c) equivalents or lesser-included statutes.
Force/Duress
No Sexual Intent
Touching was medical or necessary personal care with no lewd intent.
Intent
False Allegation
Cognitive-impairment credibility challenges; forensic-interview protocol attacks.
Credibility
SANE / Forensic Attacks
SANE protocol errors; DNA transfer defenses; chain-of-custody challenges.
Forensics
Constitutional Sources
07 — Court Process
How PC §288(b)(2) Lewd Acts on Dependent Person by Force Cases Move Through Los Angeles Courts
§288(b)(2) cases proceed as life-exposure sex-crimes filings.
- 1
Step 1 — Investigation
DOJ / Adult Protective Services / DPH-Licensing referrals; medical-record subpoenas; SANE exams.
- 2
Step 2 — Filing
§288(b)(2) with §667.61 One-Strike and §667.9 vulnerable-victim allegations.
- 3
Step 3 — Arraignment
High bail; often no-bail on facility-abuse filings.
- 4
Step 4 — Preliminary Hearing
Medical experts, care-plan records, and victim guardian ad litem testimony.
- 5
Step 5 — Motions
Capacity / dependent-status challenges; §995 attacks on caretaker element.
- 6
Step 6 — Trial or Plea
Trial focuses on victim capacity, caretaker relationship, and force.
- 7
Step 7 — Sentencing
5/8/10 years + One-Strike + §290 lifetime registration + SVP evaluation.
Los Angeles Courts That Handle PC §288(b)(2) Lewd Acts on Dependent Person by Force Cases
§288(b)(2) cases are handled in LA County felony trial courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Lewd Acts on Dependent Person by Force Defense Attorney
Daniel S. Rubin has defended clients charged with lewd acts on dependent person by force and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §288(b)(2) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Lewd Acts on Dependent Person by Force Cases Throughout LA County
See our full Lewd Acts on Dependent Person by Force defense practice
09 — FAQs
PC §288(b)(2) Lewd Acts on Dependent Person by Force Questions — Los Angeles
What is PC §288(b)(2)?
A statute punishing lewd acts by a caretaker on a dependent person accomplished by force, violence, duress, menace, or fear. 5/8/10-year triad with lifetime §290 registration.
Who counts as a 'dependent person'?
Under §288(f)(3), a person whose physical or mental disability restricts his or her ability to carry out normal activities or to protect his or her rights.
Is §288(b)(2) about minors?
No. Minors under 14 fall under §288(b)(1); 14/15-year-olds under §288(c)(1). §288(b)(2) covers dependent adults.
Is §288(b)(2) a strike?
Yes — serious felony (§1192.7(c)(6)) and violent felony (§667.5(c)(6)).
What is the caretaker requirement?
Under §288(f)(2), a caretaker is a person who has assumed responsibility for the dependent person's care — nurses, CNAs, home-care aides, family caretakers, group-home staff, and others in similar positions.
Does §288(b)(2) require registration?
Yes — lifetime PC §290 Tier-3 sex-offender registration is mandatory upon conviction.
Available 24/7 — Free Consultation
Facing PC §288(b)(2) Charges?
Life exposure. Rubin Law, P.C. attacks caretaker status and capacity. Call (213) 723-2337.